To apply for a winding up order (compulsory liquidation by the court) to be issued against a company you must complete the winding up petition Form 4.2 below. It is essential the forms are completed accurately as failure to do so could see the petition thrown out on a technicality. When completing the form you must:
- Make sure the company’s details are correct. You can find information about the company here;
- State whether any European Community regulations apply (they will apply if the company is registered in or does business in England and Wales);
- Ask the court to restore the company (if it has been dissolved) before the winding up.
You will also need to provide evidence that proves the company owes you money, such as a statutory demand with the amount and the date the demand was served.
Where should you send the petition?
This depends on the ‘paid up share capital’ of the business. If the Companies House register shows that the company has share capital of more than £120,000, you should send the petition to the High Court.
The High Court
Companies Court
7 Rolls Buildings
Fetter Lane
London
EC4A 1NL
If the paid up share capital is less than £120,000, you will need to send the petition to the court nearest to the company’s registered office that deals in insolvency matters. You can find the nearest court here. The address of the company’s registered office will be on the Companies House register.
Written by: Simon Renshaw